State monitoring of lands. The procedure by which the organization of state environmental monitoring is carried out
In large cities, air quality monitoring has been carried out since 1963, and as such a unified National Monitoring and Control System (OGSNK) for environmental pollution was formed in 1972. General management was entrusted to the State Committee for Hydrometeorology of the USSR (Goskomhydromet of the USSR), which in a short time achieved serious successes - regularity of observations, unity of programs and methods, representativeness of observation points, coverage of a huge territory by observation programs. The personnel of the observation stations were trained in special methods of sampling, conservation, transportation of samples with subsequent chemical analyzes.
The most important achievement was the development of the basic principles of the organization observing systems, such as the complexity, systematic character of chemical analyzes of water, air, soil samples; generalization of the information received, which in turn made it possible to ensure the comparability of the results of observations of environmental pollution in the USSR, taking into account various meteorological conditions.
This made it possible to make operational forecasts of the air quality condition in large regions, to formulate such concepts as the assimilation potential of the atmosphere and the potential for atmospheric pollution (PAP), air pollution indices (IPA), etc. With the help of such indicators, it became possible to: rank cities according to the degree of pollution; to highlight priority pollutants; to develop methodological approaches to the regulation of emissions under adverse weather conditions, etc.
For 20 years of work, OGSNK has achieved impressive results. This system has laid a methodological basis, which is not fully used even now. For example, when assessing water quality, up to 50 indicators were used with 10-12-fold sampling of water from rivers. Now it is 3-4 analyzes at best for 12-14 indicators. A great merit of this period can be considered the unification of methods for the chemical analysis of environmental components with the publication of methodological literature, as well as the organization of background observations in biosphere reserves, the beginning of calculations of transboundary transport of pollutants by atmospheric flows and waters, the use of data in various types of environmental support of economic activities.
Unfortunately, by the beginning of the 1990s. the harmonious system of the OGSNK was destroyed, partially transferred to other organizations and departments with the termination of the publication of materials on the state of the environment in many regions of Russia. Only in 1993 by the resolution of the Council of Ministers - the Government of the Russian Federation No. 1229 was created unified state system of environmental monitoring (EGSEM). According to this resolution, the EGSEM was to be formed as an interdepartmental information and measurement system created for the purpose of information support for decision-making. This is the organization of monitoring the atmosphere, soils, land waters, marine environments, near-earth space, background space monitoring, maintaining the state fund of data on environmental pollution, etc.
Another area of \u200b\u200benvironmental monitoring is related to the response to natural and man-made emergencies and their early forecast. These functions are performed within the framework of the unified state system for the prevention and elimination of emergency situations (RSChS). It includes the Federal Service for Hydrometeorology and Environmental Monitoring (Roshydromet) forecasting the spread of pollution in the atmosphere, preparing data on the trajectories of air masses, forecasting the content of hazardous substances in the air, water bodies, fallouts on the earth's surface, specialized analysis and forecasting the state of the surface air layer in the area of \u200b\u200baccidents.
The organization and implementation of environmental monitoring is provided in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation by specially authorized federal executive bodies within their competence.
State-level environmental monitoring objectives include:
- monitoring the state of the environment, including in areas where sources of anthropogenic impact are located, and the impact of these sources on the environment;
- assessment and forecast of changes in the state of the environment of modes by the impact of natural and anthropogenic factors;
- ensuring the needs of the state, legal entities and individuals for reliable information about the state of the environment and its changes, necessary to prevent and (or) reduce the adverse consequences of such changes.
The information obtained during the implementation of eco-monitoring is used:
- when developing forecasts for the socio-economic development of the Russian Federation, constituent entities of the Russian Federation, municipalities and making appropriate decisions;
- development of federal environmental programs, targeted environmental programs and measures;
- control in the field of environmental protection (environmental control) and environmental impact assessment;
- forecasting and prevention of emergency situations (ES);
- preparation of data for the annual state report on the state and protection of the environment.
The tasks of state environmental monitoring are:
- organization and monitoring of quantitative and qualitative indicators (their totality) characterizing the state of the environment, including its state in areas where sources of anthropogenic impact and the impact of these sources on the environment are located;
- assessment of the state of the environment, timely identification and forecast of the development of negative processes affecting its state, development of recommendations for the prevention of harmful effects on it;
- information support of state authorities, local governments, legal entities and individuals on environmental issues;
- formation of state information resources on the state of the environment;
- ensuring the participation of the Russian Federation in international environmental monitoring systems.
The unified system of state environmental monitoring includes the subsystems shown in Fig. 2.2.
The State Environmental Monitoring Data Fund is a federal information system that collects, processes and analyzes data. It includes:
- information contained in the databases of the ESGEM subsystems;
- the results of industrial control in the field of environmental protection and state environmental supervision;
- data of state registration of objects that have a negative impact on the environment.
ESGEM was formed on the basis of the territorial-departmental principle of construction, which provides for the maximum use of the capabilities of existing state and departmental systems about\u003e
Figure: 2.2. Subsystems of the state environmental monitoring of the Russian Federation for monitoring the state of environmental protection systems, sources of anthropogenic impact, natural resources, ecosystems. It highlights basic and specialized monitoring subsystems and subsystems to ensure the functioning of the system as a whole (Fig. 2.3).
Figure: 23.
Roshydromet as the parent organization provides:
- a) conducting observations of the state and pollution of the environment, assessing the changes occurring in it, as well as predicting the following dangerous phenomena and factors:
- hazardous natural phenomena leading to natural disasters;
- unfavorable natural conditions for certain areas of economic activity;
- chemical, radioactive and thermal pollution, physical, chemical and biological (for surface water bodies) processes;
- changes in the components of the natural environment, leading, among other things, to climate change;
- b) provision of information (data) on the actual state of the environment, as well as information on ongoing and projected changes in its state to the state authorities of the Russian Federation, its subjects and local self-government bodies;
- c) provision of operational factual and prognostic information to federal executive authorities, authorities of the constituent entities of the Russian Federation, local governments and organizations of the unified state system for the prevention and elimination of emergencies in order to ensure the safety of the population and reduce damage to the economy from natural and man-made emergencies;
- d) provision of information on the state of the environment to the bodies authorized to carry out federal state sanitary and epidemiological supervision to solve the problems of social and hygienic monitoring;
- e) providing the specially authorized state bodies of the Russian Federation in the field of environmental protection with information for a comprehensive analysis and assessment of the state of the environment and the use of natural resources;
- f) providing interested organizations and the public with current and urgent information about changes in the environment, warnings and forecasts of its state;
- g) organizing the coordinated functioning of the state observation network, territorial observation systems and local observation systems in order to ensure the necessary completeness and reliability of information on the state of the environment, as well as the comparability of this information throughout the country, optimization of the use of ground, aviation and space observation systems;
- h) organization of coordinated functioning of the state observation system with similar international systems.
The listed functions are performed by Roshydromet in cooperation with other government bodies (Table 2.2).
Departmental monitoring systems are focused on monitoring and assessing the state of individual components of the environment and natural resources. They operate according to their own programs, which are often not coordinated with other monitoring programs. A list of other leading organizations in the field of environmental monitoring is given in Appendix 1.
Departmental monitoring systems at the federal level are implemented by the relevant services (departments of federal ministries and departments in conjunction with specialized research institutes (SRI), computing centers and organizations of these, and sometimes other departments). At the regional, regional and city (district) levels, the established and emerging systems of departmental monitoring implement their management programs with the participation of specialized organizations located in these territories.
Interaction between Roshydromet and Russian state authorities in organizing state environmental monitoring
|
State |
Areas of interaction |
|
Ministry of Natural Resources |
Organization and implementation of state environmental monitoring (state environmental monitoring) on \u200b\u200bthe territories of state natural reserves and national parks, as well as during the creation and operation of the state data fund of state environmental monitoring (state environmental monitoring) |
|
Ministry of Economic Development of Russia, Ministry of Natural Resources of Russia, Ministry of Industry and Trade of Russia, Ministry of Energy of Russia, Ministry of Transport of Russia, Ministry of Agriculture of Russia, Ministry of Regional Development of Russia, Rosstat |
Obtaining and using information from the Russian system for assessing anthropogenic emissions from sources and removals by sinks of greenhouse gases |
|
Russian Emergency Situations Ministry |
Obtaining and using information about the state of the environment obtained during monitoring, laboratory control and forecasting emergency situations |
|
Ministry of Agriculture |
Obtaining and using information on the state and pollution of agricultural land obtained during the implementation of state monitoring of agricultural land |
|
Rosprirodnadzor |
The use of data from the state registration of objects that have a negative impact on the environment, the results of production control in the field of environmental protection and state environmental supervision, as well as the issues of establishing and revising the list of objects, the owners of which must monitor the atmospheric air |
|
Rosreestr |
Use of state topographic maps, as well as information on the state of land obtained in the implementation of state monitoring of land (except for agricultural land) |
|
Rospotrebnadzor, FMBA of Russia |
Obtaining and using information on the state of atmospheric air, surface waters of water bodies and soils obtained during social and hygienic monitoring |
|
State |
Areas of interaction |
|
Rosvodresursy |
Obtaining and using information on water consumption and water disposal at all water bodies, as well as on conducting a general assessment and forecasting changes in the state of water bodies, their morphometric features, quantitative and qualitative indicators of the state of water resources obtained during the implementation of state monitoring of water bodies |
|
Ros fishing |
Use of information on the state of the habitat of aquatic biological resources obtained during state monitoring of aquatic biological resources |
|
Rosnedra |
Use of information on the state of groundwater to assess the impact of groundwater on the state of surface water, as well as information on hazardous exogenous and endogenous geological processes to assess their impact on the state of the environment, obtained during state monitoring of the state of subsoil |
|
Rosleskhoz |
Use of information in relation to objects of state monitoring, obtained in the course of state forest pathological monitoring |
|
Other interested federal executive authorities and organizations |
Within the framework of international and interdepartmental agreements |
- Abolished in connection with the publication of the RF Government decree of March 31, 2003 No. 177 "On the organization and implementation of state environmental monitoring (state environmental monitoring)", which in turn was replaced by the RF Government decree of August 9, 2013 No. 681 " On state ecological monitoring (state environmental monitoring) and the state data fund of state ecological monitoring (state environmental monitoring) "(together with the Regulation on state ecological monitoring (state environmental monitoring) and the state data fund of state ecological monitoring (state environmental monitoring)) ...
Concept, objects and results of state monitoring of lands
Monitoring means a certain part of the state environmental monitoring, aimed at carrying out work on environmental monitoring. The concept of monitoring implies a certain system of observation of the general condition of lands. A distinctive feature of monitoring is the need for continuous monitoring.
The general information contained in the databases of various subsystems of state monitoring should include comprehensive information, including:
- the results obtained after collecting all the required information about the current state of all lands in the complex and individual plots, observing the correctness of their use, considering these actions, based on the established designated purpose of the land of the permissible type of use.
- results obtained after carrying out analyzes and subsequent assessment of the quality state of all lands, taking into account the impact of natural, anthropogenic factors. Monitoring allows you to assess changes in the state of land based on the results of continuous observations.
- a forecast that contains information about how the earth will change when various negative consequences are affected.
The objects of such monitoring are all lands located on the territory of Russia, without setting any restrictions.
Tasks that are performed during the state monitoring of lands. Types of land monitoring
The legislator identifies a whole range of tasks that must be performed in the course of monitoring regulated by land legislation. Among such tasks are:
- the need to timely identify various changes in the state of land, assess the identified changes, develop a forecast and recommendations aimed at preventing and eliminating all negative processes;
- the need to regularly provide the bodies exercising state land supervision of all identified changes and the general condition of the land. In addition, in the course of state monitoring, it is necessary to inform the federal and regional administrations for resources, for conducting land management;
- the need to provide citizens with comprehensive information about the current state of the environment, in particular, about the state of land in each specific territory.
At the legislative level, there are several types of state monitoring of lands for various purposes. Depending on the purpose of the observations carried out, there are:
- federal.
- regional.
- local.
State monitoring should be carried out on the basis of the state program, the program of the subjects, the program of individual municipalities.
Moreover, these programs can be adopted separately for a specific type of land. Thus, in particular, federal legislation establishes a separate type of monitoring - state monitoring of agricultural lands.
The purposes for the satisfaction of which it is required to carry out separate state monitoring of lands with agricultural purpose may be as follows:
- decrease in the level of land fertility;
- deterioration of the general condition of land used for agricultural work;
- degradation of the soil cover.
Monitoring of indicators is also necessary due to privatization, since a large number of new owners significantly affects the state of land that has agricultural purposes. It is highlighted in the regulatory legal acts of the federal level that the fulfillment of management tasks in the field of agriculture is impossible if the indicators of agricultural lands are not monitored in these territories.
Procedure for state monitoring of lands
The procedure for carrying out state monitoring of lands is established by the relevant decree of the Government of the Russian Federation. In particular, there is a special Regulation on the implementation of state monitoring of lands, which determines the procedure for this event.
Authorized to conduct state monitoring of lands is the Federal Land Cadastre Service, which, in the course of this activity, regularly interacts with other authorities at the federal or regional level.
Monitoring of land is carried out on the basis of a unified system of indicators provided for by methodological and regulatory and technical documents, which are approved by the Federal Land Cadastre Service.
State monitoring of lands, in particular, obtaining all the necessary information, can be carried out using:
- remote sensing, that is, shooting from a variety of spacecraft, aircraft;
- use of networks of existing polygons;
- conducting ground surveys, surveys and independent observations;
- using the appropriate funds containing the necessary information about the land.
The procedure by which the organization of state environmental monitoring is carried out
During state environmental monitoring, the authorized federal or regional body must take the following actions:
- search, receive, and also subsequent storage, processing and analysis of information about the processes occurring in the environment;
- search, obtain, store and analyze data on negative impacts on the environment, in particular, it is required to identify the nature of such impacts and the degree of their danger;
- make a forecast of environmental changes;
- to determine the relationship between human impact on nature and the state of the environment;
- to develop a specific procedure for reducing the negative impact on the environment;
- timely send information on the current state of the environment and their proposals for their elimination to the authorities authorized by the state;
- timely assess all measures aimed at nature conservation, assess their effectiveness;
- create a database containing all the comprehensive information about the current state of the environment, as well as about all the processes that occur in it.
All information obtained in the course of state environmental monitoring should be presented to the authorities and available to legal entities and citizens.
Chapter X. STATE ENVIRONMENTAL MONITORING (STATE ENVIRONMENTAL MONITORING) (as amended by Federal Law No. 331-FZ dated 21.11.2011)
Article 63. Implementation of state environmental monitoring (state environmental monitoring) (as amended by Federal Law of 21.11.2011 N 331-FZ)
State environmental monitoring (state environmental monitoring) is carried out within the framework of a unified system of state environmental monitoring (state environmental monitoring) by federal executive authorities, state authorities of the constituent entities of the Russian Federation in accordance with their competence established by the legislation of the Russian Federation, by creating and ensuring the functioning observational networks and information resources within the framework of the subsystems of the unified system of state environmental monitoring (state environmental monitoring), as well as the creation and operation of the state data fund authorized by the Government of the Russian Federation by the federal executive body.
Article 63.1. Unified system of state environmental monitoring (state environmental monitoring) (introduced by the Federal Law of 21.11.2011 N 331-FZ)
1. A unified system of state environmental monitoring (state environmental monitoring) is created to ensure environmental protection.
2. The tasks of the unified system of state ecological monitoring (state environmental monitoring) are: regular monitoring of the state of the environment, including the components of the natural environment, natural ecological systems, the processes occurring in them, phenomena, changes in the state of the environment;
storage, processing (generalization, systematization) of information about the state of the environment;
analysis of the information received in order to timely identify changes in the state of the environment under the influence of natural and (or) anthropogenic factors, assessment and forecast of these changes;
provision of state authorities, local governments, legal entities, individual entrepreneurs, citizens with information on the state of the environment.
3. The unified system of state environmental monitoring (state environmental monitoring) includes subsystems:
4. Federal executive bodies exercising state management in the field of environmental protection, federal executive bodies authorized to maintain subsystems of a unified system of state environmental monitoring (state environmental monitoring), in accordance with federal laws, carry out:
search, receipt (collection), storage, processing (generalization, systematization) and analysis of information about the state of the environment, the processes occurring in it, phenomena, about changes in the state of the environment;
search, receipt (collection), storage, processing (generalization, systematization) and analysis of information about objects that have a negative impact on the environment, about the nature, types and volume of such impact;
assessment of the state of the environment and forecasting its changes under the influence of natural and (or) anthropogenic factors;
determination of links between the impact of natural and (or) anthropogenic factors on the environment and changes in the state of the environment;
development of proposals on the prevention of negative impact on the environment and sending them to state authorities, local authorities, legal entities, individual entrepreneurs;
sending to state authorities authorized to exercise state control (supervision) and law enforcement agencies of information on violation of environmental protection standards due to the impact of natural and (or) anthropogenic factors and proposals to eliminate such violations;
sending proposals to state authorities, local self-government bodies for their consideration in the preparation of territorial planning documents and (or) proposals to amend these documents in order to create favorable conditions for human life, limit the negative impact of economic and other activities on the environment, ensure protection and rational the use of natural resources for the benefit of present and future generations;
issue of urgent information on the need to reduce the negative impact on the environment of natural and (or) anthropogenic factors; assessment of the effectiveness of environmental protection measures;
creation and operation of databases of information systems in the field of environmental protection;
storing information about the state of the environment, about the processes occurring in it, phenomena, about changes in the state of the environment and providing this information to state authorities, local governments, legal entities, individual entrepreneurs, citizens.
Article 63.2. State data fund of state environmental monitoring (state environmental monitoring) (introduced by Federal Law of 21.11.2011 N 331-FZ)
1. The state data fund is a federal information system that provides collection, processing, analysis of data and includes:
information contained in the databases of subsystems of the unified system of state environmental monitoring (state environmental monitoring);
the results of industrial control in the field of environmental protection and state environmental supervision;
data of state registration of objects that have a negative impact on the environment.
2. The creation and operation of the state data fund is carried out in accordance with this Federal Law, the legislation of the Russian Federation on information, information technology and information protection and other regulatory legal acts of the Russian Federation.
3. Federal executive authorities authorized to carry out state environmental monitoring (state environmental monitoring), as well as state authorities of the constituent entities of the Russian Federation participating in the implementation of state environmental monitoring (state environmental monitoring), are obliged to send the information received in the course of the corresponding monitoring information to the state data fund.
4. The procedure for the creation and operation of the state data fund, the list of types of information included in it, the procedure and conditions for its presentation, as well as the procedure for the exchange of such information, shall be established by the Government of the Russian Federation.
5. Information included in the state data fund is subject to use by state authorities, local governments, legal entities, individual entrepreneurs, citizens in the planning and implementation of economic and other activities.
6. Information included in the state data fund is provided to state authorities, local governments, legal entities, individual entrepreneurs, citizens in the manner prescribed by the legislation of the Russian Federation.
7. Information included in the state data fund and indicating the threat of an emergency, including a natural disaster, as well as the state of the environment within the boundaries of emergency zones, is subject to immediate submission to the unified state system for the prevention and elimination of emergency situations.
8. Information included in the state data fund and testifying to the possible harmful effects on humans of the state of the environment, including the components of the natural environment, shall be immediately sent to the bodies authorized to exercise federal state sanitary and epidemiological supervision.
9. Exchange of information within the framework of the unified system of state environmental monitoring (state environmental monitoring), as well as between the unified system of state environmental monitoring (state monitoring of the environment), the unified state system for the prevention and elimination of emergencies and the bodies authorized to implement the federal state sanitary epidemiological surveillance, the provision of such information to public authorities, local governments, legal entities, individual entrepreneurs, citizens are carried out free of charge.
10. On the basis of the information contained in the state data fund, the federal executive body authorized by the Government of the Russian Federation prepares an annual state report on the state and protection of the environment, the preparation and dissemination procedure of which is established by the Government of the Russian Federation.
National monitoring.
Organization and tasks.
T 70 – x years of the XX century. in the USSR was organized State Service for Monitoring and Monitoring the Level of Environmental Pollution (OGSNK). It functioned on the basis of the bodies of the State Committee for Hydrometeorology and a number of other ministries and departments. This service continues to monitor the level of pollution of the atmosphere, water bodies, soil, biota and conducts accompanying hydrometeorological observations. It provides interested organizations with systematic and urgent information about the state of natural environments.
In 1993, a decision was made (Decree of the Government of the Russian Federation No. 1229 of November 24, 1993) to establish on the basis of this service The Unified State System of Environmental Monitoring (EGSEM).
EGSEM solves the following tasks:
1. Coordination of the development and implementation of programs for monitoring the state of the environment;
2. Regulation and control of the collection and processing of reliable and comparable data;
3. Information storage, maintenance of special data banks and their coordination with international environmental – information systems;
4. Assessment and forecasting of the state of objects of the natural environment, natural resources, responses of ecosystems and public health to anthropogenic impact;
5. The availability of integrated environmental information to a wide range of consumers.
At its core, the EGSEM is the implementation of the GEMS system at the level of national monitoring. National monitoring systems operate in different states in accordance with international requirements and specific approaches. Such approaches have developed historically or are conditioned by the nature of the most acute environmental problems. International requirements that national systems must meet – participants in GEMS, include uniform principles for the development of programs (taking into account the priority factors of influence), the obligation to observe objects of global significance, the transfer of information to the Center of GEMS.
OGSNK was built from several levels:
First level: observation stations carrying out direct observation, primary processing and generalization of data;
Second level: territorial and regional centers performing generalization, analysis of materials, preparation of local forecasts and assessment of the state of environmental protection throughout the territory;
Third level (highest): Hydrometeorological Center of the USSR and other leading centers (research institutes). They develop forecasts and assess the state of the environment on a national and global scale.
At present, in the Russian Federation, this work is being carried out by the corresponding successors of the former institutions of the USSR.
Information on environmental pollution by degree of urgency is divided into three categories:
1.Emergency informationcontaining information about sudden changes in the level of pollution, requiring urgent action, is immediately reported to local and central authorities;
2.Operational information, covering a monthly observation period, is processed locally and in the central organizations of Roshydromet, reported to local and central organizations;
3.Mode information, covering the annual observation period and reflecting the general state, trends in changes in environmental pollution, serves to plan measures for the protection of environmental protection for a long time.
The national monitoring system includes background monitoring with its network of stations, which are also part of the global monitoring system.
The national monitoring system consists of the following subsystems:
– monitoring of pollution sources (MIS);
– monitoring of air pollution;
– monitoring of land water pollution;
– monitoring of sea pollution;
– monitoring of soil pollution;
– background monitoring.
When assessing the state of environmental protection, the values \u200b\u200bof maximum permissible concentrations (MPC) of substances that are priority for national monitoring are most often used as a criterion.
When monitoring pollution sources the list of substances subject to control is determined by the specialization of the enterprise and the composition of emissions. The establishment of maximum permissible emissions (MPE) or emission limits reduces the MPE to the stage of monitoring compliance with these values. The concept of MIZ also includes the study of the nature and pathways of the spread of pollutants (PO), taking into account hydrometeorological conditions.
The atmosphere is monitored by posts of three categories:
1. Stationary posts, conducting systematic and long-term observations, equipped with instruments and apparatus for taking and analyzing air samples and determining meteorological parameters. These posts are located in open areas in residential areas at a distance of 10 – 40 m for medium pipe heights of the main sources of pollution. They are located in a city with a population of up to 1 million people, taking into account its area, relief and industrial development (on average 2 – 3 posts);
2. Route posts, serving for constant observations with the help of a mobile laboratory on a car (for example, "Atmosphere – II "), allowing the determination of dust, soot, typical gaseous pollutants and meteorological parameters;
3.Movable (underflare) postsserving for one-time observations under smoke and gas torches.
The list of pollutants detected in the atmosphere includes pollutants commonly identified in global monitoring. This list also includes other substances emitted into the atmosphere by industry, energy, and transport.
To monitor land waters, the following are organized:
1.Stationary network observation points for the natural composition and pollution of surface waters;
2.Specialized network points for solving research problems;
3.Temporary network expeditionary points.
When determining the position of observation points, attention is paid to the places of discharge of waste, heated, collector – drainage waters, spawning and wintering grounds for fish, estuarine zones.
At each point, several observation sites can be organized: above the pollution source (1000 m), below the pollution source (500 m), and at a distance of a sufficiently complete (80% or more) dilution of wastewater by river.
Stationary points determine the temperature of water, suspended solids, mineralization, color, pH, oxygen, BOD 5, COD, odors, biogenic elements, heavy metals, oil products, pesticides entering this water body.
Stationary observation points are divided into 4 categories according to the importance of the water bodies on which they are located. The composition and frequency of observations will be determined depending on the category of the site. The stationary observation network covers about 1000 water bodies.
When monitoring the seas it is obligatory to carry out hydrometeorological observations and take water samples at several horizons. The observation program and sampling frequency are determined by the station category. It is also practiced to conduct observations according to an abbreviated program: dissolved oxygen, oil products, 1 – 2 pollutants specific to the area.
At present, monitoring covers all coastal seas of the Russian Federation and certain areas of the open ocean. Monitoring of the World Ocean is carried out within the framework of various international agreements.
When soil monitoring increased attention is paid to the content of pesticides in them. There are two categories of soils:
1. Agricultural soils;
2. Soils around industrially – energy facilities.
Sampling is usually done in spring and autumn. Assessment of soil pollution with heavy metals is complicated by the fact that they are part of the natural composition of soils and minerals. This increases the value of background monitoring.
When monitoring all environments, their radioactivity is also determined, which can be natural and man-made. Isotopes are identified to determine the origin of radioactivity.
State monitoring in the Russian Federation.
In accordance with the Regulation on the organization and implementation of state monitoring of environmental protection, approved by the Decree of the Government of the Russian Federation No. 177 of March 31, 2003 when carrying out environmental monitoring in the Russian Federation, the following tasks are solved:
1. Organization and monitoring of quantitative and qualitative indicators (or their totality) characterizing the state of the environment, the state of the environment in the areas where anthropogenic impacts are located and the influence of such sources on the environment;
2. Assessment of the state of the environment, timely identification and forecast of the development of negative processes affecting the change in the state of the environment, development of recommendations for preventing harmful effects on it;
3. Information support for government bodies, local governments, legal entities and individuals on the state of the environment;
4. Formation of state information resources on the state of the environment;
5. Ensuring the participation of the Russian Federation in international environmental monitoring systems.
The issues of state monitoring of environmental protection in the Russian Federation are regulated by the codes: Land, Water and Forest. They are also regulated by laws: Federal Laws "On Environmental Protection", "On Protection of Atmospheric Air", "On Hydrometeorological Service", "On Subsoil", "On Animal World", "On Fishing and Conservation of Aquatic Biological Resources", "On protection of Lake Baikal ”,“ On internal sea waters, the territorial sea and the contiguous zone of the Russian Federation ”,“ On the continental shelf of the Russian Federation ”.
Part integrated system includes the state system and territorial surveillance systems, as well as organizations and institutions that collect, process, record, store and disseminate factual and predicted information.
Monitoring is organized and carried out by the Federal Service for Hydrometeorology and Environmental Monitoring in conjunction with other executive authorities.
Currently, the system of national environmental monitoring is provided by the following main state structures of the Russian Federation:
1.Ministry of Natural Resources and Ecology of the Russian Federation... Functions: provides general management of the subordinate supervisory executive authorities in matters of environmental protection.
2.Federal Service for Hydrometeorology and Environmental Monitoring(Roshydromet). Functions: produces constant collection of hydrometeorological information; data on pollution of the atmosphere, surface waters of land, territorial sea, shelf and near-earth space; scientific activity in relation to monitoring of environmental pollution; assessment and forecast of climate change.
3.Federal Service for Supervision of Natural Resources(Rosprirodnadzor). Functions: control and supervision in the field of protection, use and reproduction of wildlife and their habitat (except for hunting and fishing objects), in the field of organization and functioning of specially protected natural areas of federal significance, protection of water bodies. Organizes and conducts, in the manner determined by the Government of the Russian Federation, state ecological expertise, monitoring of wildlife objects, the unique ecological system of Lake Baikal, and the continental shelf.
4.Federal Service for Environmental, Technological and Nuclear Supervision(Rostekhnadzor). Functions: limitation of negative technogenic impact (including in the field of production and consumption waste management), industrial safety, state mining supervision; environmental expertise in the established field of activity; state energy supervision; a specially authorized body in the field of atmospheric air protection. Regulates safety issues in the use of atomic energy (with the exception of activities related to the development, manufacture, testing, operation and disposal of nuclear weapons and military nuclear power plants).
5.Federal Agency for Subsoil Use(Rosnedra). Functions: maintaining federal and territorial funds of geological information about the subsoil, as well as a databank on the use of subsoil and the state cadastre of deposits and occurrences of minerals.
6.Federal Water Resources Agency... Functions: protection of water bodies, prevention and elimination of harmful effects of water; prevention of water pollution; provision of information related to the state and use of water bodies in federal ownership; maintaining the state water cadastre, carrying out state monitoring of water bodies, state registration of surface and underground waters and their use.
The distribution of monitoring functions among various departments that are not related to each other leads to duplication of efforts, reduces the effectiveness of the entire monitoring system and makes it difficult to access the necessary information. Therefore, it was so important to create the EGSEM, which should combine the capabilities and efforts of numerous services to solve the problems of complex observation, assessment and forecasting of the state of the environment.
On the creation of subsystems of the Unified State Energy System, work is being actively carried out on the territories of regions and regions.
During monitoring in the Russian Federation, observation data are used:
1. The state of the atmospheric air, surface waters of land and seas, soils and natural – climatic factors obtained by the state observation network of the Federal Service for Hydrometeorology and Environmental Monitoring, territorial observation systems of the executive authorities of the constituent entities of the Russian Federation and local governments;
2. For chemical and radiation factors, the habitat obtained during social – hygienic monitoring by the Federal Service for Supervision of Consumer Rights Protection in conjunction with other federal executive bodies authorized to carry out state sanitary – epidemiological surveillance;
3. For water bodies obtained in the course of state monitoring of water bodies by the Federal Agency for Water Resources, the Federal Agency for the Use of Subsoil and the Federal Agency for Fisheries, the Federal Service for Hydrometeorology and Environmental Monitoring, the Federal Service for Supervision of Consumer Rights Protection and the Federal Service for Supervision in the sphere of nature management;
4. The state of the unique ecological system of Lake Baikal, the continental shelf, the exclusive economic zone, internal sea waters and the territorial sea of \u200b\u200bthe Russian Federation, obtained by the Federal Service for Hydrometeorology and Environmental Monitoring, the Federal Service for Supervision of Natural Resources, the Federal Agency for the Use of Subsoil and the executive authorities of the constituent entities RF;
5. For the state of the soil cover obtained during the monitoring of lands by the Ministry of Agriculture of the Russian Federation, the Federal Service for Veterinary and Phytosanitary Supervision, the Federal Service for Hydrometeorology and Environmental Monitoring, the Federal Agency for the Real Estate Cadastre, the executive authorities of the constituent entities of the Russian Federation and local governments;
6. For abiotic factors that negatively affect the state and reproduction of forests, obtained in the course of state monitoring of forests by the Federal Agency for Forestry, as well as fauna and aquatic biological resources, obtained by the Federal Service for Nature Management and the Federal Agency for Fisheries;
7. For the state of the environment in areas where sources of anthropogenic impact are located, obtained in accordance with the legislation by the owners of these objects
Unity and comparability of monitoring data provided by the Federal Service for Hydrometeorology and Environmental Monitoring through the formation of regulatory legal acts and methodological documents on the implementation of observations, assessment and forecasting of the state of the environment.
The Federal Service for Hydrometeorology and Environmental Monitoring, on the basis of the monitoring data obtained, maintains a single state fund of data on the state of the environmental and its pollution. The procedure for providing this information obtained during monitoring and in emergency situations (ES) of a technogenic and natural character is regulated by a special Regulation approved by the government of the Russian Federation.
The provision of monitoring data and their exchange between federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local government bodies, institutions and other organizations participating in the monitoring is carried out free of charge.
When monitoring in the Russian Federation,:
1. Providing the bodies and organizations that are part of the Unified State System for the Prevention and Response of Emergencies with operational factual and prognostic information on the state of the environment to ensure the safety of the population and reduce the damage to the economy from natural and man-made emergencies;
2. Bringing to the bodies and organizations of state sanitary and epidemiological supervision of information on the state of the environment for conducting sanitary – hygienic monitoring;
3. Providing the executive authorities in the field of environmental protection and environmental management with the necessary information on the condition of the environmental for use in order to ensure safety and rational use of natural resources;
4. Informing public authorities, local governments, organizations and the population about the results obtained during monitoring.
Chapter 11. State environmental monitoring § 1. Environmental monitoring: concept and types
Environmental monitoring (ecological monitoring) is an integrated system for observing the state of the environment, assessing and forecasting changes in the state of the environment under the influence of natural and anthropogenic factors.
Environmental monitoring includes monitoring of atmospheric air, lands, forests, water bodies, wildlife, the unique ecological system of Lake Baikal, the continental shelf of the Russian Federation, the state of the subsoil, the exclusive economic zone of the Russian Federation, internal sea waters and the territorial sea of \u200b\u200bthe Russian Federation.
State environmental monitoring (state environmental monitoring) is environmental monitoring carried out by the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation in accordance with their competence.
State environmental monitoring (state environmental monitoring) is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in areas where sources of anthropogenic impact and the impact of these sources on the environment are located, and also in order to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse consequences of changes in the state of the environment.
Information about the state of the environment, its changes, obtained during the implementation of state environmental monitoring (state environmental monitoring), is used by the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities to develop forecasts of socio-economic development and make appropriate decisions , development of federal programs in the field of environmental development of the Russian Federation, target programs in the field of environmental protection of the constituent entities of the Russian Federation and measures for environmental protection.
§ 2. Procedure for the implementation of state environmental monitoring
In accordance with Art. 63 of the Federal Law "On Environmental Protection" the procedure for organizing and implementing state environmental monitoring (state environmental monitoring) is established by the Government of the Russian Federation.
In order to implement the Federal Law "On environmental protection" by the Decree of the Government of the Russian Federation of March 31, 2003 N 177, the Regulation on the organization and implementation of state environmental monitoring (state environmental monitoring) was approved.
Environmental monitoring is carried out in order to:
Observing the state of the environment, including the state of the environment in areas where sources of anthropogenic impact are located and the impact of these sources on the environment;
Assessment and forecast of changes in the state of the environment under the influence of natural and anthropogenic factors;
Meeting the needs of the state, legal entities and individuals for reliable information about the state of the environment and its changes, necessary to prevent and (or) reduce the adverse consequences of such changes.
The information obtained during environmental monitoring is used for:
Development of forecasts for the socio-economic development of the Russian Federation, constituent entities of the Russian Federation, municipalities and making appropriate decisions;
Development of federal programs in the field of environmental development of the Russian Federation, target programs in the field of environmental protection of the constituent entities of the Russian Federation, investment programs, as well as measures for environmental protection;
Implementation of control in the field of environmental protection (environmental control) and environmental impact assessment;
Forecasting emergency situations and carrying out measures to prevent them;
Preparing data for the annual state report on the state and protection of the environment.
When conducting environmental monitoring, the following tasks are solved:
Organization and monitoring of quantitative and qualitative indicators (their totality) characterizing the state of the environment, including the state of the environment in areas where sources of anthropogenic impact are located and the impact of these sources on the environment;
Assessment of the state of the environment, timely identification and forecast of the development of negative processes affecting the state of the environment, development of recommendations to prevent harmful effects on it;
Information support of state authorities, local governments, legal entities and individuals on the state of the environment;
Formation of state information resources on the state of the environment;
Ensuring the participation of the Russian Federation in international environmental monitoring systems.
In order to implement the Decree of the Government of the Russian Federation of March 31, 2003 N 177 "On the organization and implementation of state environmental monitoring (state environmental monitoring)" in terms of the formation of state information resources on the state of the environment, ensuring the compatibility of information systems and databases, expanding interaction and information exchange between federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, public organizations and citizens on environmental protection issues, the Regulation for the submission of information on environmental management and the state of the environment to the federal state institution "Russian Fund for Information on Natural resources and environmental protection of the Ministry of Natural Resources of Russia ".
By Decree of the Government of the Russian Federation of August 23, 2000 N 622, the Regulation on the State Service for Monitoring the State of the Environment was approved.
The state service for monitoring the state of the natural environment is organized to monitor the physical, chemical and biological processes occurring in the natural environment, the level of pollution of atmospheric air, soil, water bodies (including hydrobiological indicators) and the consequences of this impact on the flora and fauna (hereinafter referred to as the state of the natural environment) and providing interested organizations and the population with current and urgent information about changes in the natural environment, warnings and forecasts of its state.
The main tasks of the state service for monitoring the state of the environment are:
1) ensuring the observation of the state of the environment, assessment of the changes occurring in it and forecasting the following dangerous phenomena and factors:
Natural disasters caused by weather and climatic reasons (floods, hurricane winds, droughts, mudflows, avalanches, etc.);
Unfavorable natural conditions for certain areas of economic activity (agriculture, forestry and water management, energy, construction, transport, etc.);
Anthropogenic changes in the state of the environment, including its chemical, radioactive and thermal pollution, physical, chemical and biological (for water bodies) processes;
Changes in the natural composition of natural environments;
Changing of the climate;
2) provision of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation and local government bodies with data on the actual state of the environment, its pollution, as well as information on ongoing and projected changes in its state;
3) provision of bodies and organizations included in the Unified State System for the Prevention and Response of Emergencies with operational factual and prognostic information on the state of the environment in order to ensure the safety of the population and reduce damage to the economy from natural and man-made emergencies;
4) provision of the state sanitary and epidemiological supervision of the Russian Federation with the necessary information on the state of the natural environment for solving the problems of social and hygienic monitoring;
5) provision of specially authorized state bodies of the Russian Federation in the field of environmental protection with the necessary information for a comprehensive analysis and assessment of the state of the environment and the use of natural resources;
6) providing interested organizations and the public with current and urgent information about changes in the environment, warnings and forecasts of its state;
7) organization of the coordinated functioning of departmental and territorial observation networks for the purpose of a comprehensive assessment and forecast of the changes occurring in it;
8) ensuring the necessary completeness and reliability of information on the state of the environment and the comparability of this information throughout the country, optimizing the use of ground, aviation and space observation systems;
9) submission of the necessary information to the Unified State Data Fund on the state of the environment, its pollution, other funds and data banks on the state of the environment;
10) ensuring the coordinated functioning of departmental and territorial observation networks for the state of the environment with similar international and national systems.
To obtain specialized information on the state of the natural environment, the executive authorities of the constituent entities of the Russian Federation and local government bodies may form territorial observation networks. The procedure and conditions for the coordinated functioning of territorial observation networks within the framework of the state service for monitoring the state of the natural environment are determined by a joint decision of the executive authorities of the constituent entities of the Russian Federation and federal executive authorities in accordance with their competence or local authorities and federal executive authorities in accordance with their competence.
Section III. Legal liabilityfor violation of legislation on environmental protection
Chapter 12. General characteristicslegal responsibility
§ 1. General legal concept of legal responsibility
The problems of legal responsibility in legal science occupy one of the central places. Moreover, various aspects of legal responsibility were disclosed both at the general theoretical level and at the level of various branches of law.
Many legal scholars have been involved in research in the field of legal responsibility at different times: S.S. Alekseev, S.N. Bratus, B.G. Bazylev, A.S. Bulatov, I.N. Veremeenko, V.N. Gorshenev, I.A. Galagin, S.E. Dontsov, Yu.A. Denisov, Yu.S. Zhitsinsky, O.S. Ioffe, O.F. Ivanenko, A.A. Ivanov, E.A. Krasheninnikov, O.E. Leist, I.S. Samoshchenko, L.A. Syrovatskaya, A.I. Stakhov, M.Kh. Farukshin and many others.
Relevant studies are devoted to environmental protection in the works of S.T. Attakurova, V.P. Egorova, E.N. Zhevlakova, S.N. Kravchenko, V.V. Kruglova, G.V. Mironova, V.L. Mishchenko, A. Khadzhieva, Yu.S. Shemshuchenko, V.L. Muntian, B.B. Rozovsky and others.
Considerable work has been done to research this legal category. At the same time, the concept of legal responsibility is interpreted ambiguously in the legal literature.
There are five approaches to understanding legal responsibility as a legal category.
Thus, supporters of one legal position (OS Ioffe, MD Shargorodsky) argue that legal responsibility is a measure of state coercion.
According to others (LS Yavich), this is the process of implementing the sanction of a legal norm.
Still others (Ya.M. Brainin) note that legal responsibility is the obligation of the subject to give an account for the commission of the act.
Supporters of the fourth point of view (I.S.Samoshchenko, M.Kh. Farukshin) say that legal responsibility is a legal relationship that includes subjects, object and content.
And finally, fifth (S.S.Alekseev), the essence of legal responsibility is seen in the obligation of a person to suffer adverse consequences for the offense.
A.A. Kondrashev singles out 3 basic concepts from the whole variety of definitions of legal responsibility: *(77)
Legal liability is the implementation of the sanction, i.e. a measure of state coercion, provided for in a legal norm in case of its violation (OS Ioffe, OE Leist);
Legal responsibility is the obligation to undergo certain measures of state coercion and (or) to give a report on their unlawful behavior (V.A. Tarkhov, V.V. Butnev, V.N. Gorshenev, E.A. Krasheninnikov);
Legal responsibility is a special law enforcement relationship (B.G. Bazylev).
Defining the above concepts, A.A. Kondrashev disagrees with them. In his opinion, responsibility and duty cannot be equated, since these are different categories of law. *(78) This is understandable, since the obligation arises not only by virtue of the implementation of legal responsibility.
Insufficiently substantiated A.A. Kondrashev considers the point of view according to which legal responsibility acts as a measure of state coercion. *(79) Firstly, because in this case the concept of legal responsibility is narrowed down to the stage of implementation of measures of state coercion (issuance of a law enforcement act), cutting off other stages of legal responsibility. Secondly, state coercion can be applied without violating the rule of law, as a coercive rule.
A.A. disagrees. Kondrashev and with a position that equates responsibility with a protective legal relationship in view of the fact that protective legal relationships characterize the connection between the offender and the competent state body, thereby limiting legal liability from the relationship between the offender and the victim. *(80)
Disclosing these legal positions, A.A. Kondrashev notes that "each of them reveals only a part of such a multifaceted phenomenon as legal responsibility," *(81) At the same time, he offers his own definition of the legal category under consideration - "responsibility represents a legal connection (state) arising from non-compliance with a legal norm between the parties to a violated legal relationship, embodied in the establishment of a normative requirement addressed to the offender, subject to state or public condemnation (censure), and , as a rule, in the application of state-coercive means in the form of various restrictions to the offender (deprivation of the right, imposition of an additional legal obligation or compulsion to perform an unfulfilled obligation) or in the restoration of violated rights or law and order by the violator under the direct threat of using state coercion. " *(82)
Thus, A.A. Kondrashev sees legal responsibility as a legal state that cannot be investigated in isolation from the objective fact of the offense and the protective attitude it generates. He revealed the essence of legal responsibility by highlighting its stages. Referring to O.F. Ivanenko *(83) , he speaks of the so-called "formal legal responsibility" - non-existent (before the enforcement act) and "actual legal responsibility" - existing (after the enforcement act). This is the legal position of A.A. Kondrasheva is indisputable.
However, it is difficult to agree with the position of A.A. Kondrashev in terms of the implementation of legal responsibility, offering an alternative to either the use of state-coercive means in the form of various restrictions on the law enforcement officer, or in the restoration of violated rights. In this regard, the point of view of A.A. Ryabov, according to which "legal liability is applied in conjunction with measures of a restorative nature, that is, when only restoration of the violated right will not be enough." *(84) At the same time, the restoration of violated rights is considered not as a stage in the implementation of legal responsibility, but as an independent category - an additional obligation applied either along with legal responsibility, or preceding it. A striking example is the fulfillment by violators - business entities of the instructions of state authorities to eliminate violations, the implementation of which takes place independently, regardless of the issuance of a decision on the appointment of an administrative penalty upon the fact of violation.
A.A. himself Ryabov defines legal responsibility as "the compulsory execution of duties imposed on the subjects of offenses by state law enforcement agencies, and in some cases, by public organizations, based on appropriate sanctions." *(85) Thus, he emphasizes in his definition the following points:
The content of the concept of sanctions is broader in meaning than the content of the concept of legal responsibility. Moreover, A.A. Ryabov notes that not all restorative sanctions are legal measures. *(86) It is difficult to disagree with this. A typical example is the sanctioned seizure of green spaces in the territory of settlements. Without violating the requirements of the legislation in the field of environmental protection, the relevant person - the inflictor of harm, at the same time, is assigned an additional obligation to restore the disturbed state of the environment caused by the authorized removal of green spaces.
Legal responsibility is the implementation of the sanction.
Legal liability is expressed in the enforcement of duties.
These responsibilities are imposed not only by law enforcement agencies, but also by public organizations. In the latter case, we are talking about disciplinary liability imposed by the employer.
Finally, legal responsibility is designated by A.A. Ryabov as an independent material legal relationship.
Regarding the correlation of the considered legal category with the legal relationship, A.A. Ryabov notes several approaches:
a) the connection of legal responsibility with the legal relationship by composition (E.E. Dontsov); *(87)
b) legal responsibility as a new independent legal relationship (Yu.S. Shemshuchenko, V.L. Muntyan, B.G. Rozovsky); *(88)
c) legal responsibility takes place at a certain stage of law enforcement relations (S.S.Alekseev, E.A.Frolov); *(89)
d) legal responsibility is a material law enforcement relationship that arises between the state and the offense at the time of the offense (B.G. Bazylev). *(90)
Analyzing the legal positions in the legal literature on the nature of legal responsibility, it should be noted that each of them reveals to a greater or lesser extent the sides of such a "multifaceted phenomenon". *(91) The definition of legal liability varies depending on the aspect in which we consider this category, from what angle. At the same time, the corresponding factors are of great importance in its disclosure: stages of legal responsibility, the branch of law, types of offenses, types of responsibility, etc. These and other factors, in turn, play an important role in the process of understanding the general legal concept of legal responsibility.